Texas Senator Ted Cruz and a coalition of congressional members have filed an amicus brief supporting gun manufacturers in the Supreme Court case Smith & Wesson Brands, Inc. v. Estados Unidos Mexicanos. The case stems from a 2021 lawsuit filed by the Mexican government, which alleges that US gun manufacturers are liable for firearm trafficking into Mexico that contributes to cartel violence.
In the brief, Cruz and his colleagues urge the Supreme Court to “uphold American sovereignty and the Second Amendment.”
“I am leading this amicus brief to uphold American sovereignty and our Second Amendment. The lawsuit filed by Mexico seeks to trample on our Constitution,” Senator Cruz told Fox News. “I look forward to the Supreme Court ending this madness, putting an end to Mexico’s assault on our Second Amendment, and sending a clear message that American sovereignty will not be eroded by any country.”
California Representative Darrell Issa, who joined the brief, highlighted the broad support for the cause, saying, “This lawsuit has unified our friends and allies almost as never before, including from the National Shooting Sports Foundation and the Firearms Regulatory Accountability Coalition, and now the Supreme Court will listen to our petitions to hear this case.”
“This is a landmark legal question and weighs whether to allow foreign governments to violate American sovereignty, bankrupt our firearms industry with lawfare, and undermine our Second Amendment rights. Today, we reaffirm our commitment to our constitutional freedoms. Our cause will prevail,” Issa added.
The filing describes the Mexican government’s lawsuit as an “attempt to co-opt the power of the federal judiciary to both circumvent the role of Congress and usurp the role of the Executive.” It argues that Mexico’s claims ignore the constitutional roles of federal branches and prove to be “an affront” to US sovereignty.
Additionally, the brief criticizes Mexico’s attempt to impose “massive costs and injunctive relief” on US gun manufacturers, a move the lawmakers argue no US public body could achieve through legislation or regulation.
While a federal judge initially dismissed the lawsuit, Mexico appealed the decision to the Fifth Circuit Court of Appeals, with backing from California and other liberal-leaning states. The case is now set for Supreme Court oral arguments beginning in February.
